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TERMS OF USE

L’Oréal Professionnel reserves the right to supplement, amend or delete the terms of use (hereinafter the "Terms of Use") set forth hereinbelow at any time and without prior notice. In the event the Terms of Use are amended, L’Oréal Professionnel undertakes to post an updated version on the page for this application.

The information contained in this application is provided strictly for information purposes, and shall in no event be deemed a legal obligation or contractual agreement of L’Oréal Professionnel, which furthermore reserves the right to modify the characteristics thereof.

1. General Information

Dreaming of a total new hair look but holding back from fear of failure? Fear no more! Try and test a total hair look: cut, colour and styling.

L’Oréal Professionnel introduces Style My Hair, the virtual hair makeover tool. Browse through countless haircuts, hair styles, professional hair colours and effects to find the one of your dreams. Adjust the hair around your face, as well as the colour effects for that perfect look. Benefit from professional expertise by selecting your face shape and get the recommended haircut to suit you.

It is not just a simple makeover tool. Get your daily dose of inspiration and hair colour ideas with the latest trends & hottest red carpet looks thanks to Pure/Trend articles.

Have fun finding your best hair look and share your style with your friends. Show your L’Oréal Professionnel hairdresser your makeover to finally get the look you dreamed of!

You are currently connected to the Application made available by L’Oréal Professionnel:

Company Name: L’Oréal (UK) Limited acting through its trading division L’Oréal Professionnel, a private limited company registered in England and Wales.
Registered Office: 255 Hammersmith Road, London W6 8AZ
Tel: +44 (0) 208 762 4000
This Application has been developed and optimized by Modiface and is a creation protected by intellectual property law. By making use of this Application, the User shall be deemed to have agreed, without reserve, to comply with these Terms of Use as well as our instructions as to data confidentiality.

"Application Content" shall mean the components and content furnished with the Application and/or included therein (including, but not limited to, the models, content related to the cosmetic products and/or the software code).

"Platform" shall mean any platform (e.g.: website, mobile and/or tablet application, etc.) on which the Application is made available.

"Results" shall mean the User's Content as modified and/or processed by the Application or within the framework thereof.

"User" or "you" shall mean any person, aged over 18 years old, who uses the Application and/or the Application Content on the Platform and/or who accesses it.

"User Content" shall mean any User’s photos, information and other content uploaded to the Application and used to generate the Results, which may be shared, published or uploaded onto third party web sites or platforms at the discretion of the User.

3. Access to and use of the Application
a. General provisions

In order to access the Application and to make use thereof, you may be asked (i) to furnish information related to your user profile (including Analyst/Investor, Individual Shareholder, Other Profile) and/or to click upon the button "I Agree" (or an equivalent) in order to indicate your acceptance of these Terms of Use.

By accessing the Application, downloading it, installing it and using it you become a User. You agree to be bound by the Terms of Use, which you represent that you have read and understood. You are only authorized to use and access the Application for personal use and not for commercial purposes.

You may access the Application free of charge; no purchase is necessary but the Application will need to be downloaded from the Apple Store or Google Play for which internet access is required. Currently, the Application is compatible with devices using iOS 7 and above or Android 4.4 and above. We may modify the compatibility of the Application with various versions of the operating system at any time. Access to the Internet using a mobile telephone and/or tablet may result in you incurring additional charges from your service provider. In no event shall we be liable for any network and/or roaming charges relating to updates to the Application.

No matter where you decide to access the Application, you do so at your own risk and subject to the obligation to comply with local laws and regulations.

b. Models and content furnished by the Application

The Application may make certain Application Content available to you (including business and financial information, models and content related to our cosmetic products and/or brands). You recognize and accept that such Application Content is subject to intellectual property rights and/or image rights and/or other rights of ownership and is only made available within the framework of the License and in conformity with the Purpose (as defined in the paragraph below). In consequence, any reproduction and/or performance, in whole or in part, of such Application Content, or any item included therein, by any process and on any media whatsoever, for, purposes other than those that are specifically described in these Terms of Use is expressly prohibited.

4. License and Purpose

The Application, the Application Content and the Result are made available to User under the following terms: We grant User a personal, free of charge, non-assignable, non-exclusive and non-transferable right to use the Application, the Application Content and the Result for the sole purpose of virtually testing our cosmetic products on the Application Content and/or User Content and for User’s own personal, non-commercial and private requirements (the “Purpose”).

You acknowledge and agree that using the Application, the Application Content and/or the Result other than in strict compliance with the Purpose and as expressly authorized in this License may cause harm to us and/or our licensors and/or other right holders (including without limitation the models) and you shall in this case be solely responsible for any such unauthorized use of the Application, the Application Content and/or the Result.

The User accepts that it has not acquired any other right, of any nature whatsoever, other than that granted pursuant to the terms of this license.
This License shall be effective upon User’s use of the Application (or, as applicable, when clicking on the “I Accept” (or equivalent) button located before User’s access to the Application) and shall continue in effect until termination of the License by us. We may, at any time, terminate the License and your access to all or part of the Application without any advance notice. We may also change or discontinue at our discretion any or all of Application’s services at any time, or modify these Terms and Conditions (including the License) at any time.

5. Use of the Application
a. User Content and Result

You may solely use and/or upload User Content and/or Result suitable for the Application. You may not use User Content and/or Result that (i) is prejudicial, threatening, harassing, offensive, illegal, defamatory, non-authorized, abusive, injurious, libelous, malicious, vulgar, hateful obscene or fraudulent, false or misleading, (ii) representing someone who did not authorize such submission; (iii) violates the privacy or image and publicity rights of others; (iv) violates the property, proprietary or intellectual property rights (including copyright and trademark rights) of others or (v) directly or indirectly makes references to our competitors.

You shall be solely responsible of Results you create with this Application that are entirely your choice and your exclusive liability for any third party claims relating to the use of the Results.

You hereby represent and warrant to us that (i) you own or have all the necessary rights and/or authorizations to use and/or upload the User Content and/or Result (ii) all information and/or User Content and/or Result you post or submit for posting are accurate and not misleading.

b. Application provided models and content

The Application may make available to you some Application Content (especially but without limitation models and content related to our cosmetic products and/or brands). You acknowledge and agree that such Application Contents are subject to intellectual property law and/or image rights and/or other proprietary rights and are made available solely within the scope of the License and in compliance with the Purpose. Therefore any reproduction and/or representation, in whole or in part, of those Application Content, or of any of the items of which they comprise, on any media whatsoever, for other purposes than expressly describe in these Terms & Conditions is expressly prohibited.

6. Information contained on the App
a. General provisions

We try to provide you with accurate and up to date information. Nevertheless, transmissions of data and information over the Internet not benefiting from absolute technical reliability, we cannot guaranty the accuracy of all of the data that is included on this Application.

Furthermore, we would like to stress that inaccuracies and omissions may appear in the information available on this Application in particular through intrusion by third parties. Please inform us about any error or omission at the following e-mail address: [email protected]

b. Information on the products and services

Unless provided otherwise, the products and services which are presented to you do not constitute an offer of sale but a general presentation of the range of the products and services that we distribute in the country in which this Application is available.

c. Advice and diagnostic tools

The advice made available on this Application and/or the diagnostic tools are simple simulations intended for Users obtaining expert professional hairdressing advice.

The indicative information that Users allow the delivery of can in no event replace a medical or other qualified professional diagnosis or other qualified professional clinical consultation, nor substitute for medical treatment or professional hair services.

All the Results of the Application are only given for information and simulations purposes. In no case we could not be held liable for the inaccuracies with the results of the Application or quality of the hairstyle made by hairdressers in partner salons.

In consequence, we cannot guaranty your entire satisfaction with respect to the advice that results from the use of such tools and assume no liability for the use that you may make of it.

d. Hypertext links

The hypertext links implemented on the Application may take your to websites published by third parties as to which we do not control the content. In consequence, and to the extent these hypertext links have been included on this Application in order to facilitate your navigation of the Internet, the consultation of such third party websites is entirely your choice and your exclusive liability.

7. Personal data

We may collect your personal data, including when you: (i) register to receive our news and updates; (ii) when you contact us through the app. We may use your personal data in the following different ways:
 To send you news and updates, where you have agreed to this;
 To manage our relationship with you: if you send us a message, your data is kept and used to send a response to, and manage, your request;

Any personal data collected will be used in accordance with our Privacy Policy (lorealprofessionnel.co.uk/privacy-policy).

You acknowledge and agree that your personal data may be transferred outside of the European Union, and to trusted third-party contractors and service providers who work on our behalf.

The Application may also collect anonymous statistics and crash reports which we use to improve the Application and our services. None of this information can be used to identify you.

You have a right to disclosure, correction, addition and deletion of your personal data. Please see our Privacy Policy (lorealprofessionnel.co.uk/privacy-policy) for further details, or contact us at [email protected]

For more information about how we use your personal data, please see our Privacy Policy (lorealprofessionnel.co.uk/privacy-policy).

8. Language

These Terms of Use have been drafted in English and may be translated into the other languages available in the Application. You agree that you have read and understood these Terms of Use and have been fully informed of the rights and obligations that arise therefrom. In the event of an inconsistency between the French version, the English version or any of the other translated versions, the French version shall govern for any interpretation and/or application of these Terms of Use.

9. Limitation on liability and Indemnity

You acknowledge and agree that you have been informed that the Application, the Application Content and/or the Result is provided “as is” and more particularly you recognize that:

• The Use of the Application is at your sole risk and peril;
• We and/or our licensors provide no warranties whatsoever, including, but not limited to, those with respect to hidden defects, conformity, fitness for a particular use or purpose, and non-infringement and do not warrant that the Application, the Application Content and/or Result (i) conforms to the requirements or preferences of the User or its computer environment or its internet/telecommunication connection; (ii) is efficient, accurate, uninterrupted, secure, error free, without risk of error or available; (iii) is free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties, containing no material which some individuals may deem objectionable, suitable for any purpose; (iv) the Result or any subsequent results on the User whether in a professional hair salon or elsewhere will be satisfactory to you and/or meet your requirements upon the actual purchase of any products or services you deem appropriate to achieve the Result and/or will be realistic. All the Results of the Application are only given for information and simulations purposes. In no case we could not be held liable for the inaccuracies with the results of the Application or quality of the hair services provided by hairdressers in partner salons or elsewhere;
• You agree to hold harmless and indemnify L’Oréal Professionnel, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim arising from or in any way related to (a) your breach of these Terms of Use, (b) your use of the User Content, Application or the Results or (c) your violation of applicable laws, rules or regulations in connection with the User Content, Application or the Results. In such a case, we will provide you with written notice of such claim, suit or action.
• GET INSPIRED section is the sole editorial responsibility for the Webedia Company whose details are set out in section 1 above. We cannot be held liable for the GET INSPIRED section content of which may be (i) prejudicial, threatening, illegal, defamatory, unauthorized, abusive, injurious, malevolent, an incitement to violence or to racial, religious, or ethnic hatred, vulgar, obscene, an interference with privacy or the rights to one’s image, (ii) may breach his or her privacy or physical or moral integrity, (iii) may infringe of any trademark, text, photographs, images or video rights, etc., (iv) may constitute a violation of public order, any incitement to commit certain crimes or offences or any provocation or discrimination whatsoever, hatred or violence.
10. Term and termination

The Terms of Use shall take effect on the date on which you have accepted them and shall remain in force throughout your use of the Application. We may withdraw the Application at any time. You agree that we shall have no liability and that the exercise of such discretionary power shall not result in any payment or compensation whatsoever to you or to any other person.

11. Applicable law and attribution of jurisdiction

These terms of use for the Application and our relationship with the User shall be governed by the laws of England and Wales.

Any proceedings in connection with or related to this Application or any dispute as to the validity, interpretation and/or performance of these terms of use shall be subject to the exclusive jurisdiction of England and Wales.